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2025 DAILYLAW 25025 (AP)

B VISHWANATHA REDDY v. THE STATE OF AP

WP/17763/2025 · 2025-07-27

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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APHC010353592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17763/2025 Between: 1. B VISHWANATHA REDDY, S/O B.PEDDA NAGI REDDY AGE 40 YEARS, OCC CULTIVATION, R/O MUCHUMARRI (V) REGATIPALLI DHARMAVARAM MANDAL, SRI SATHYA SAI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, AP SECRETARIAT, VELAGAPUDI AMARAVATI 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT 3. ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CO LTD, REP BY ITS MANAGING DIRECTOR CORPORATE OFFICE, VIDHYUT NILAYAM ROOM NO.211, 9-13-65/A, SRINIVASAPURAM TIRUCHANUR ROAD, TIRUPATI, CHITTOOR DISTRICT 4. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CO LTD, REP BY ITS SUPERINTENDENT OF ENGINEER, SRI SATHYA SAI DISTRICT 5. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CO LTD, REP BY ITS DIVISIONAL ENGINEER, DHARMAVARAM DIVISION, SRI SATHYA SAI DISTRICT 6. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CO LTD, REP BY ITS ASSISTANT DIVISIONAL ENGINEER, DHARMAVARAM DIVISION, SRI SATHYA SAI DISTRICT 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. G SRINIVASULA REDDY Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY 3. GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri G. Srinivasula Reddy, learned Counsel for the Writ Petitioner and Ms. A. Jyothi Ratna, learned Counsel representing Sri Venkata Rama Rao Kotha, learned Standing Counsel for APSPDCL. 2. The prayer sought in the present Writ Petition is as under: “…I pray that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in nature of writ of Mandamus declaring the inaction the part of the Respondents 4 to 6 in giving electricity power connection to Petitioner’s Agriculture Land in Survey No.19-2B admeasuring extent of Ac 5-90 Cents situated at Regatipalli Village, Dharmavaram Mandal, Sri Sathya Sai District in pursuance of Application dt.02.06.2025 as illegal, arbitrary, against the principles of natural justice and consequently direct the Respondents 4 to 6 to initiate process for giving electricity power connection to Petitioners Agriculture Land in Survey N0.19-2B admeasuring an extent of Ac 5-90 Cents situated at Regatipalli Village, Dharmavaram Mandal, Sri Sathya Sai District in pursuance of Petitioner’s Application dt.02.06.2025 and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case, in the interest of justice. I further pray that pending this Writ Petition the Hon’ble Court may be pleased to direct the 5th Respondent to take appropriate action in pursuance of Petitioner’s Application dt.02.06.2025 for giving Electricity Power Connection to Petitioner’s Agriculture Land in 3 Survey No.19-2B admeasuring extent of Ac 5-90 Cents situated at Regatipalli Village, Dharmavaram Mandal, Sri Sathya Sai District and to pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of case, in the interest of justice.” 3. In compliance with the para 3 of the Order of this Court dated 18.07.2025, the Writ Petitioner has filed a Sworn Affidavit, duly notarized on Rs.100/- Stamp Paper. Copy of the Sworn Affidavit is supplied to the Counsel for the Respondents and the same is taken on record. 4. Having gone through the contents of the Sworn Affidavit, learned Counsel for the Respondents does not have any objection to pass a Conditional Order as indicated in the Sworn Affidavit. 5. The relevant portion of the Sworn Affidavit is usefully extracted hereunder: “3. I submit that in the above said suit filed by the plaintiffs before the Junior Civil Judge Court, Dharmavaram and filed I.A.NO.210/2025 in O.S.No.162/2025 under order 39 Rule 1 and 2 CPC for injunction and the Hon'ble Junior Civil Judge Court, Dhrmavaram not granted any orders in the above I.A. 4. I submit that for that reason I requested the authorities to provide Electricity connection of my Agriculture Land in Survey No.19-28 admeasuring an extent of Ac 5-90 Cents situated at Regatipalli Village, Dharmavaram Mandal, Sri Sathya Sai District, for using it for cultivation purpose on condition that subject to the outcome of the result of the suit pending before the Junior Civil Judge Court, Dharmavaram., and I agree the same. Hence I submit this affidavit.” 6. This Court, having considered the above extract, deems it appropriate to dispose of this Writ Petition by directing the Respondent Authorities to provide electricity connection, subject to the final result in O.S. No.162 of 2025 on the file of the Civil Judge (Junior Division), Dharmavaram. 7. With these observations and directions, the present Writ Petition is allowed to the extent indicated above. No order as to costs. 4 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 28.07.2025 DSV 5 131 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 17763/2025 28.07.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 17763/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 03. 28.07.2025 GRKP, J Writ Petition is allowed. (vide separate order) ___________ GRKP, J DSV 7